New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 57.8

57.8 Evidence in support of application under section 86

(cf SCR Part 76, rules 19 and 20)
The evidence in support of an application under section 86 of the NSW Trustee and Guardian Act 2009 must include the following--

(a) the affidavits of at least 2 medical practitioners or other persons qualified to give an expert opinion on the defendant's condition, each of whom must state--

(i) his or her formal qualifications, the extent of his or her experience in practice and his or her special qualifications in regard to questions relating to the condition of the protected person, and

(ii) that, in his or her opinion, the protected person is capable of managing his or her affairs, and

(iii) the reasons for that opinion or the tests on which that opinion is based, set out in his or her own handwriting,

(b) the affidavits of members of the defendant's family or other persons, each of whom must state--

(i) what opportunity he or she has had of assessing whether or not the protected person is capable of managing his or her affairs, and

(ii) his or her assessment and the facts, grounds and circumstances on which he or she made his or her assessment, and

(iii) any other facts that may be relevant.